1. Applicant's Name: a. Application Date: 5 July 2018 b. Date Received: 9 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a SPN (sic, SPD) code change and removal of any remarks from block 18 of his DD Form 214. The applicant seeks relief contending, in effect, the SPN (sic) code of his separation was highly inequitable due to the circumstances in which they were given. The applicant humbly requests the Board maintain the integrity, fairness, and justice of the military discharge/separation process by changing the SPN (sic) code to an MOM-Early Release and deleting any and all remarks from the remarks field. The applicant received a full honorable discharge and due to a personal misstep, a letter of reprimand for possessing an unauthorized device in the form of a GPS and a few ibuprofen tablets at WTC on Fort Benning. Given the state of the Army at the time, the severe drawdown of the Armor Branch itself, and the recent implementation of sequestration at the time, the applicant was given the option to resign in order to not have a long drawn out separation The applicant's commanders, recommended a full honorable discharge, because the applicant had not done anything that required a court-martial, was a prosecutable or illegal offense, nor malicious in any fashion. The Post Commander's own JAG initially confessed that a separation was too egregious of a punishment for the misconduct, but later changed his assessment after what the applicant assumes was from pressure in order for the military to achieve its draw down numbers. The applicant chose to resign instead of further challenging the narrative. The applicant states, he had no say in the actual separation code and knew little about the process as a newly minted lieutenant at the time. Now, after discussing with current and retired members of JAG that the SPN (sic) code as well as the separation itself was highly irregular and nearly unheard of for situations similar to his. The applicant currently holds an active public trust clearance and has worked with highly sensitive information. This includes sensitive business/consumer data for the FDA, Department of Commerce, and the financial industry. Currently, he holds a position with the NRECA which gives him access to HIPAA information, including customer accounts, social security numbers, and other PII. The BNC code reflected on his discharge is a vastly over-reaching and egregious catch-all which includes, in the "interests of national security," which does not apply to the applicant. This simple separation code has denied the applicant opportunities from civilian positions within several agencies even though he possess a highly technical skill set that not many in the country possess. The applicant states, his discharge was characterized as honorable, due to the fact that no malicious or egregious behavior was discovered or attempted. In essence his service term was simply cut short with approval from his commanders and now requests the SPN (sic) code to reflect this change. The applicant pleads with the Board to help him achieve his dreams. The combination of changing his separation code to be more equitable and fair along with removing remarks on his discharge would allow the applicant to further advance his career and truly serve the country. He has worked hard to recover from his resignation from the military and become highly successful in the Information Technology field where he thought he had no merit. The applicant has reached a threshold and needs the Board to render a favorable decision, so he can move further down the track and better serve the nation, which he dearly loves. In a records review conducted at Arlington, VA on 19 October 2020, and by a 3-2 vote, the Board determined the narrative reason for the applicant's separation is now improper. Therefore, the Board voted to change the separation code to FND and narrative reason to Miscellaneous/General Reasons. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 600-8-24, Chapter 4-2B and 4-24A(1) / BNC / NA / Honorable b. Date of Discharge: 4 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 January 2012 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2b(5)(8), because of misconduct, moral and professional dereliction and 4-2(c)(5), adverse information filed in his OMPF in accordance with AR 600-37 based on his misconduct while assigned to Headquarters and Headquarters Troop, 2d Squadron, 16th Cavalry Regiment, 316th Cavalry Brigade, Fort Benning, Georgia. This action was based on the following specific reason for elimination: While attending the Ranger Training Assessment Course (RTAC) #009-12, he committed an honor code violation by willfully possessing of contraband items to gain an unfair advantage. He made false official statements and misled his Troop Commander on 26 November 2012, concerning his failure to repair on that day. (3) Legal Consultation Date: NIF (4) GOSCA Recommendation Date / Characterization: 1 March 2013 / Honorable (5) DASA Review Board Date / Characterization: 15 May 2013 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 25 May 2011 / Indefinite b. Age at Appointment / Education: 21 / HS Graduate c. Highest Grade Achieved / MOS / Total Service: O-1 / 19A, Armor, General / 2 years, 10 days d. Prior Service / Characterizations: ROTC, 25 May 2011 - 28 October 2011 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Service School Academic Evaluation Report, dated 27 April 2012, reflects the applicant failed to achieve course standards for graduation in accordance with the student evaluation plan. The applicant had failed to demonstrate the leader attributes to be a successful reconnaissance leader. He did not possess the ability to take initiative, accountability, and solve problems by applying deliberate thought. On more than one occasion, the applicant lost his map and weapon, and was given an on the spot counseling about the consequences of losing a map and or weapon. The applicant did not take initiative to come up with a solution to this recurring problem. It was recommended that after further mentorship and experience he be allowed to return for further professional development. Investigation Findings and Recommendations, dated 29 August 2012, reflects after investigating the facts and circumstances of the course removal of the applicant was apparent, based on the preponderance of evidence, that the applicant attended and was removed from the Ranger Training Assessment Course 009-12 (RTAC) due to a willful violation of the honor code. Additionally, the applicant was enrolled in the Army Reconnaissance Course 12-006 (ARC} and subsequently removed from that course due to a failure to achieve the outlined course standards - specifically in regard to leadership and accountability. General Officer Memorandum Of Reprimand, dated 28 November 2012, for committing an honor code violation while enrolled in the Ranger Training Assessment Course, Class 009-12, on 7 July 2012. The applicant's personal effects were inspected and four contraband items found. Items discovered in his locker were Ibuprofen tablets (concealed within a hollowed-out headlamp), a Global Positioning System (GPS) receiver (concealed within a soap dish), an electric shaver, and "Gold Bond" medicated foot powder. The applicant was previously briefed concerning possession of contraband items as a matter which could lead to course dismissal and he was afforded an amnesty period to dispose of items identified as contraband. The applicant subsequently admitted to his possession of the above items; acknowledged the classification of such as contraband; and stated that he willfully concealed the items to gain an advantage in the course. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he holds an active public trust clearance and holds a position with the NRECA. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct; and, under chapter 4-24a(1), who resign or voluntarily discharge in lieu of elimination proceedings. 8. DISCUSSION OF FACT(S): The applicant requests a SPN (sic, SPD) code change and removal of any remarks from block 18 of his DD Form 214. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends any and all remarks should be removed from block 18, of his DD Form 214. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b and 4-24a(1), AR 600-8-24 with a honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that after discussing his discharge with current and retired members of JAG, the SPD code as well as the separation itself was highly irregular and nearly unheard of for situations similar to his. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. Further, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The Army Discharge Review Board is authorized to consider post-service factors when adjudicating. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 October 2020, and by a 3-2 vote, the Board determined the narrative reason for the applicant's separation is now improper. Therefore, the Board voted to change the separation code to FND and narrative reason to Miscellaneous/General Reasons. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Miscellaneous/General Reasons d. Change Authority to: No Change e. Change SPD / RE Code to: FND / No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20180011325 4